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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 956 V

Filed: October 11 , 2016

* * * * * * * * * * * * * * * *

G ENE MICHAELSON

, * UNPUBLISHED

*

*

Petitioner s

, * Special Master Gowen

*

v. *

* Attorneys’ Fees and Costs

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * *

A lison H. Haskins

, Maglio Christopher and Toale, Sarasota, FL

, for petitioner

. D ebra A. Begley

, United States Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On September 1, 2015, Gene Michaelson (“petitioner”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to 34 (2012 ). Petitioner

alleged that as a result of receiving an influe nza (“flu”) vaccination on October 9, 2014, he

developed transverse myelitis (“TM”). Petition at ¶ ¶ 1, 7

- 8

. On August 3 , 2016, the parties filed

a stipulation in which they stated that a decision should be entered awarding compensation. A

decision awarding petitioner c ompensation pursuant to the terms of the parties’ stipulation was

issued A ugust 4 , 2016.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, 44 U .S.C. § 3501 note (20 12 ) (Federal Management and

Promotion of Electronic Government Services ). As provided by Vaccine Rule 18(b), each party has 14

days within which to request redaction “of any information furnished by that party: (1) that is a trade se cret

or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files

or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”

Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood

Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

1 to

- 34 (20 12 ) (Vaccine Act or the Act). All citations in this de cision to individual sections of the Vaccine

Act are to 42 U.S.C.A. § 300aa.2

On O ctober 11 , 2016, petitioners filed a n unopposed motio n for attorneys’ fees and costs,

requesting $ 2 6,264.70 in attorneys’ fees, $ 2

, 2 1 7. 0 0 in attorneys’ costs, and $52. 6 5 in petitioner ’ s

costs . Petitioner’s (“Pet.”) Motio n (“Mot.”) at 1 ; Pe t. Ex. 17

. P etitioner ’ s motion states that

“ [r]espondent does not object to the payment of Petitioner ’ s above attorneys ’ fees and

reimbursement of Petitioner ’ s above case costs. ” Pet. Mot. at 1.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs under 42

U.S.C. section 300aa

- 15(e). Based on the reasonableness of petitioners’ request and the lack of

objection by respondent , the undersigned GRANTS the request for approval and payment of

attorneys’ fees and costs

, pursuant to 42 U.S.C. § 300 aa

- 15(e).

An award should be made as follows:

(1) A lump sum of $ 28,481.70 , payable jointly to petit ioner and petitioner’s

counsel, A lison H. Haskins , of Maglio Christopher & Toale, PA

, for

attorneys’ fees and costs.

(2) A lump sum of $52.65, payable to petitioner, for petitioner ’ s costs.

In the absence of a motion for review filed pu rsuant to RCFC Appendix B, the C lerk of

the C ourt SHALL ENTER JUDGMENT in accordance herewith. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.